FI LED

IN CLERK'S OFFICE
U.S. DISTRICT COURT E.D.N.Y.

MPR:RCH/EMR
F. #2019R00927
* DEC O4 2019 *·
BROOKLYN OFFICE
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-~---------~---------------X
UNITED STATES OF AMERICA

- against- Cr.
(T. 18, U.S.C., §§ 2, lOOi(a)(2), 3238
GENARO GARCIA LUNA, and 3551 et seq.; T. 21, U.S.C., §§ 846,
84l(b)(l)(A)(ii)(II), 853(a), 853(p),
Defendant. 959( d), 960(b)(1 )(B)(ii), 963 and 970)

- - - - - - - - - - - - - - - - - - ·- - - - :- - - - - X OEAR\E, JP
THE GRAND JURY CHARGES:
- 1EVY M.J ..
COUNTONt:' '
(International Cocaine Distribution Conspiracy)

1. In or about and between January 2001 and the present, both dates being

approximate and inclusive, within the extraterritorial jurisdiction of the United States, the

defendant GENARO GARCIA LUNA, together with others, did knowingly and intentionally

conspire to distribute a controlled substance, intending, knowing and having reasonable

cause to believe that such substance would be unlawfully imported into the United States

from a place outside thereof, which offense involved a substance containing cocaine, a

Schedule II controlled substance, contrary to Title 21, United States Code, Sections 959(a)

and 960(a)(3). The amount of cocaine involved in the conspiracy attributable to the

defendant as a result of his own conduct, and tp.e conduct of other conspirators reasonably

foreseeable_ to him, was at least five kilograms or more of a substance containing cocaine.

(Title 21, United States Code, Sections 963, 960(b)(l)(B)(ii) and 959(d); Title

18~ United States Code, Sections 3238 and 3551 et seq.)

 2

COUNTTWO
( Conspiracy to Distribute and Possess with Intent to Distribute Cocaine)

2. · In or about and between January 2001 and the present, both dates being

approximate and inclusive, within the Eastern District of New York and elsewhere, the

defendant GENARO GARCIA LUNA, together with others, did knowingly and intentionally

conspire to distribute and possess with intent to distribute one or more controlled substances,

which offense involved a substance containing cocaine, a Schedule II controlled substanqe,

contrary to Title 21, United States Code, Section 84l(a)(l). The amount of cocaine

involved in the conspiracy attributable to the defendant as a result of his own .conduct, and

the conduct of other conspirators reasonably foreseeable to him, was five kilograms or more

of a substance containing cocaine.

(Title 21, United States Code, Sections 846 and 84l(b)(l)(A)(ii)(II); Title 18,

United States Code, Sections 3551 et seq.)

COUNT THREE
(Conspiracy to Import Cocaine)

3. In or about and between January 2001 and the present, both dates being

approximate and inclusive, within the Eastern District of New York and elsewhere, the

defendant GENARO GARCIA LUNA, together with others, did knowingly and intentionally

conspire to import a controHed substance into the United States :from a place outside thereof,

which offense involved a substance containing cocaine, a Schedule II controlled substance,

contrary ·to Title 21, United States Code, Sections 952(a) and 960(a)(l). The amount of

cocaine involved in the conspiracy attributable to the defendant as a result of his own
 3.

conduct, and the conduct of other conspirators reasonably foreseeable to him, was five

kilograms or more of a substance containing cocaine ..

(Title 21, United States Code, Sections 963 and 960(b)(l)(B)(ii); Title 18,

United States Code, Sections 3551 et seq.)

COUNTFOUR
(Making False Statements)

4. On or about June 1, 2018, within the Eastern District ofNew York and

eJsewhere, the defendant GENARO GARCIA LUNA did knowingly and intentionally make

one or more materially false, fictitious and fraudulent statements and representations, in a

matter within the jurisdiction of the executive branch of the Government of the United States

to wit: a statement to the United States Customs and Immigration Services ("USCIS"), in

that the defendant falsely stated and represented to users that he had.never committed, '

assisted in committing, or attempted to commit a crime or offense for which he had not been

an-ested, when, in fact, the defendant then and there knew and believed, he had committed,

assisted in committing and attempted to commit crimes and offenses for which he had not
' \

been an-ested.

(Title 18, United States Code, Sections 100l(a)(2) and 3551 et seq.)

CRIMINAL FORFEITURE ALLEGATION

ASTOCOUNTSONETHROUGHTHREE

5. The United States hereby gives notice to the defendant that, upon his

· conviction of any of the offenses charged in Counts One through Three, the government :will
seek forfeiture in accordance with Title 21, United States Code, Sections 853(a) and 970,

which require any person convicted of such offenses to forfeit: (a) any property constituting,

or derived from, any proceeds obtained directly or indirectly as the result of such offenses,
 4

and (b) any property used, ·or intended to be used, in any manner or part, to commit, or to

facilitate the commission of, such offenses.

6. If any of the above-described forfeitable property, as a result of any act

or omission of the defendant:

(a) cannot be located upon the exercise of due diligence;

(b) has been transferred or sold to, or deposited with, a third part)';

(c) has been placed beyond the jurisdiction of the court;

(d) has been substantially diminished in value; or

(e) has been commingled with other property which·cannot be

divided without difficulty;

it is the intent of the United States, pursuant to Title 21, United States Code, Section 853(p),

to seek forfeiture of any other property of the defendant up to the value of the forfeitable

property described in this forfeiture allegation.

(Title 21, United States Code, Sections 853(a), 853(p) and 970)

':41 •r.•~'H ' I I ""' I • I •

UNITED STATES ATTORNEY
EASTERN DISTRICT OF NEW YORK
F.#: 2019R00927
FORMDBD-34 No.
JUN.8S

UNITED STATES DISTRICT COURT

EASTERN District. of NEW YORK

CRilv1INAL DIVISION

THE UNITED STATES OF AMERICA

vs.

GENARO GARCIA LUNA,

Defendant.·

INDICTMENT
(f. 1-8, U.S.C., §§ 1001(a)(2), 1451(e), 3238 and 3551 et seq.; T. 21,
U.S.C., §§ 846, 84l(b)(l)(A)(ii)(II), 853(a), 853(p), 959(d),
960 b 1 B ii , 963 and 70
A true bill.

Filed in open court this------------- ·___ day,

of - - - - - - - - - - - - A.D. 20 ____ _

-------------------------------·-------
. Clerk

Bail,$.

Michael Robotti, Ryan Harris and Erin Reid, Assistant U.S. Attorneys
(718) 254-7000